NRS 641.172 Qualifications
of applicant for certification as autism behavior interventionist; Board to
evaluate application and issue statement of determination; contents of
statement.

NRS 641.175 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 641.175 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]

NRS 641.180 Examination
of applicant for license as psychologist; waiver.

NRS 641.190 Licensing
of psychologist licensed or certified in another state.

NRS 641.242 Suspension
of license or certificate for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or certificate.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

NRS 641.010Legislative declaration.The
practice of psychology is hereby declared to be a learned profession, affecting
public safety, health and welfare and subject to regulation to protect the
public from the practice of psychology by unqualified persons and from
unprofessional conduct by persons licensed to practice psychology.

NRS 641.020Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 641.0202 to 641.027, inclusive, and 689A.0435 have the meanings ascribed to
them in those sections.

NRS 641.0202“Assistant behavior analyst” defined.“Assistant
behavior analyst” means a person who holds current certification or meets the
standards to be certified as a board certified assistant behavior analyst by
the Behavior Analyst Certification Board, Inc., or any successor in interest to
that organization, and who is licensed as an assistant behavior analyst by the
Board.

NRS 641.0206“Behavior analyst” defined.“Behavior
analyst” means a person who holds current certification or meets the standards
to be certified as a board certified behavior analyst or a board certified
assistant behavior analyst by the Behavior Analyst Certification Board, Inc.,
or any successor in interest to that organization, and who is licensed as a
behavior analyst by the Board.

NRS 641.022“Community” defined.“Community”
means the entire area customarily served by psychologists among whom a patient
may reasonably choose, not merely the particular area inhabited by the patients
of an individual psychologist or the particular city or place where the
psychologist has his or her office.

NRS 641.024“Malpractice” defined.“Malpractice”
means failure on the part of a psychologist to exercise the degree of care,
diligence and skill ordinarily exercised by psychologists in good standing in
the community.

NRS 641.0243“National examination” defined.“National
examination” means the Examination for Professional Practice in Psychology in
the form administered by the Association of State and Provincial Psychology
Boards and approved for use in this State by the Board.

NRS 641.0247“Practice of applied behavior analysis” defined.“Practice of applied behavior analysis” means
the design, implementation and evaluation of environmental modifications using behavioral
stimuli and consequences to produce socially significant improvement in human
behavior, including, without limitation, the use of direct observation,
measurement and functional analysis of the relations between environment and
behavior. The term includes the provision of behavioral therapy by a behavior
analyst, assistant behavior analyst or autism behavior interventionist.

NRS 641.025“Practice of psychology” defined.“Practice
of psychology” means the observation, description, evaluation, interpretation
or modification of human behavior by the application of psychological principles,
methods or procedures to prevent or eliminate problematic, unhealthy or
undesired behavior and to enhance personal relationships and behavioral and
mental health. The term includes, without limitation, such specialized areas of
competence as:

1. Is a graduate of an academic program
approved by the Board and is qualified to practice psychology by reason of
education, practical training and experience determined by the Board to be
satisfactory; and

NRS 641.029Applicability of chapter.The
provisions of this chapter do not apply to:

1. A physician who is licensed to practice
in this State;

2. A person who is licensed to practice
dentistry in this State;

3. A person who is licensed as a marriage
and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

4. A person who is licensed as a clinical
professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

5. A person who is licensed to engage in
social work pursuant to chapter 641B of
NRS;

6. A person who is licensed as an
occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

7. A person who is licensed as a clinical
alcohol and drug abuse counselor, licensed or certified as an alcohol and drug
abuse counselor or certified as an alcohol and drug abuse counselor intern, a
clinical alcohol and drug abuse counselor intern, a problem gambling counselor
or a problem gambling counselor intern, pursuant to chapter 641C of NRS; or

8. Any member of the clergy,

Ê if such a
person does not commit an act described in NRS 641.440
or represent himself or herself as a psychologist.

NRS 641.035Terms of members; limitation on consecutive terms.After the initial term, the Governor shall
appoint each member of the Board to a term of 4 years. No member of the Board
may serve more than two consecutive terms.

NRS 641.040Qualifications of members; representative of general public;
conflict of interest.

1. The Governor shall appoint to the
Board:

(a) Four members who are licensed psychologists
in the State of Nevada with at least 5 years of experience in the practice of
psychology after being licensed.

(b) One member who is a licensed behavior analyst
in the State of Nevada.

(c) One member who has resided in this State for
at least 5 years and who represents the interests of persons or agencies that
regularly provide health care to patients who are indigent, uninsured or unable
to afford health care.

(d) One member who is a representative of the
general public.

2. A person is not eligible for
appointment unless he or she is:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada.

3. The member who is a representative of
the general public:

(a) Shall not participate in preparing,
conducting or grading any examination required by the Board.

(b) Must not be a psychologist, an applicant or a
former applicant for licensure as a psychologist, a member of a health
profession, the spouse or the parent or child, by blood, marriage or adoption,
of a psychologist, or a member of a household that includes a psychologist.

4. Board members must not have any
conflicts of interest or the appearance of such conflicts in the performance of
their duties as members of the Board.

NRS 641.070Meetings; quorum.The
Board shall hold a regular meeting at least once a year. The Board shall hold a
special meeting upon a call of the President or upon the request of a majority
of the members. A majority of the Board constitutes a quorum.

NRS 641.080Officers.At the
regular annual meeting, the Board shall elect from its membership a President
and a Secretary-Treasurer, who shall hold office for 1 year and until the
election and qualification of their successors.

1. The Secretary-Treasurer shall make and
keep on behalf of the Board:

(a) A record of all its meetings and proceedings.

(b) A record of all violations and prosecutions
under the provisions of this chapter.

(c) A record of all examinations of applicants.

(d) A register of all licenses.

(e) A register of all holders of licenses.

(f) An inventory of the property of the Board and
of the State in the Board’s possession.

2. These records must be kept in the
office of the Board and, except as otherwise provided in this section, are
subject to public inspection during normal working hours upon reasonable
notice.

3. Except as otherwise provided in NRS 239.0115, the Board may keep the
personnel records of applicants confidential.

4. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.

5. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents
and information considered by the Board when determining whether to impose
discipline are public records.

6. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.

NRS 641.100Rules and regulations.The
Board may make and promulgate rules and regulations not inconsistent with the
provisions of this chapter governing its procedure, the examination, licensure
and certification of applicants, the granting, refusal, revocation or
suspension of licenses and certificates, the practice of psychology and the
practice of applied behavior analysis.

NRS 641.125Hearings and investigations; taking evidence.In a manner consistent with the provisions of chapter 622A of NRS, the Board may hold
hearings and conduct investigations related to its duties under this chapter
and take evidence on any matter under inquiry before it.

NRS 641.135Civil liability.A
member of the Board or an employee or agent of the Board is not liable in a
civil action for any act performed in good faith and within the scope of the
duties of the Board pursuant to the provisions of this chapter.

(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.

3. Compensation and expenses of the
members and employees of the Board are payable out of the money derived from
fees paid or transmitted to the Board pursuant to the provisions of this
chapter, and no part thereof may be paid out of the State Treasury.

(a) Make application to the Board upon a form,
and in a manner, prescribed by the Board. The application must be accompanied
by the application fee prescribed by the Board and include all information
required to complete the application.

(b) As part of the application and at his or her
own expense:

(1) Arrange to have a complete set of
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Board; and

(2) Submit to the Board:

(I) A complete set of fingerprints
and written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for a report on the applicant’s background, and
to such other law enforcement agencies as the Board deems necessary for a
report on the applicant’s background; or

(II) Written verification, on a form
prescribed by the Board, stating that the set of fingerprints of the applicant
was taken and directly forwarded electronically or by other means to the
Central Repository for Nevada Records of Criminal History and that the
applicant provided written permission authorizing the law enforcement agency or
other authorized entity taking the fingerprints to submit the fingerprints to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for a report on the applicant’s background,
and to such other law enforcement agencies as the Board deems necessary for a
report on the applicant’s background.

2. The Board may:

(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of
paragraph (b) of subsection 1, submit those fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation and to such other law enforcement agencies as the Board
deems necessary; and

(b) Request from each agency to which the Board
submits the fingerprints any information regarding the applicant’s background
as the Board deems necessary.

3. An application is not considered
complete and received for purposes of evaluation pursuant to subsection 4 of NRS 641.170 until the Board receives a complete set of
fingerprints or verification that the fingerprints have been forwarded
electronically or by other means to the Central Repository for Nevada Records
of Criminal History, and written authorization from the applicant pursuant to
this section.

NRS 641.170Qualifications of applicants for licensure as psychologist,
behavior analyst and assistant behavior analysts; Board to evaluate application
and issue statement of determination; contents of statement.

1. Each application for licensure as a
psychologist must be accompanied by evidence satisfactory to the Board that the
applicant:

(a) Is at least 21 years of age.

(b) Is of good moral character as determined by
the Board.

(c) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States.

(d) Has earned a doctorate in psychology from an
accredited educational institution approved by the Board, or has other
doctorate-level training from an accredited educational institution deemed
equivalent by the Board in both subject matter and extent of training.

(e) Has at least 2 years of experience
satisfactory to the Board, 1 year of which must be postdoctoral experience in
accordance with the requirements established by regulations of the Board.

2. Each application for licensure as a
behavior analyst must be accompanied by evidence satisfactory to the Board that
the applicant:

(a) Is at least 21 years of age.

(b) Is of good moral character as determined by
the Board.

(c) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States.

(d) Has earned a master’s degree from an
accredited college or university in a field of social science or special
education and holds a current certification as a Board Certified Behavior Analyst
by the Behavior Analyst Certification Board, Inc., or any successor in interest
to that organization.

(e) Has completed other education, training or
experience in accordance with the requirements established by regulations of
the Board.

(f) Has completed satisfactorily a written
examination in Nevada law and ethical practice as administered by the Board.

3. Each application for licensure as an
assistant behavior analyst must be accompanied by evidence satisfactory to the
Board that the applicant:

(a) Is at least 21 years of age.

(b) Is of good moral character as determined by
the Board.

(c) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States.

(d) Has earned a bachelor’s degree from an
accredited college or university in a field of social science or special
education approved by the Board and holds a current certification as a Board
Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc.,
or any successor in interest to that organization.

(e) Has completed other education, training or
experience in accordance with the requirements established by regulations of
the Board.

(f) Has completed satisfactorily a written
examination in Nevada law and ethical practice as administered by the Board.

4. Within 120 days after receiving an
application and the accompanying evidence from an applicant, the Board shall:

(a) Evaluate the application and accompanying
evidence and determine whether the applicant is qualified pursuant to this
section for licensure; and

(b) Issue a written statement to the applicant of
its determination.

5. The written statement issued to the
applicant pursuant to subsection 4 must include:

(a) If the Board determines that the
qualifications of the applicant are insufficient for licensure, a detailed
explanation of the reasons for that determination.

(b) If the applicant for licensure as a
psychologist has not earned a doctorate in psychology from an accredited
educational institution approved by the Board and the Board determines that the
doctorate-level training from an accredited educational institution is not
equivalent in subject matter and extent of training, a detailed explanation of
the reasons for that determination.

NRS 641.172Qualifications of applicant for certification as autism behavior
interventionist; Board to evaluate application and issue statement of
determination; contents of statement.

1. Each application for certification as
an autism behavior interventionist must be accompanied by evidence satisfactory
to the Board that the applicant:

(a) Is at least 18 years of age.

(b) Is of good moral character as determined by
the Board.

(c) Is a citizen of the United States, or is
lawfully entitled to remain and work in the United States.

(d) Has completed satisfactorily a written
examination in Nevada law and ethical practice as administered by the Board.

(e) Has completed satisfactorily a standardized
practical examination developed and approved by the Board. The examination must
be conducted by the applicant’s supervisor, who shall make a videotape or other
audio and visual recording of the applicant’s performance of the examination
for submission to the Board. The Board may review the recording as part of its
evaluation of the applicant’s qualifications.

2. Within 120 days after receiving an
application and the accompanying evidence from an applicant, the Board shall:

(a) Evaluate the application and accompanying
evidence and determine whether the applicant is qualified pursuant to this
section for certification as an autism behavior interventionist; and

(b) Issue a written statement to the applicant of
its determination.

3. If the Board determines that the
qualifications of the applicant are insufficient for certification, the written
statement issued to the applicant pursuant to subsection 2 must include a
detailed explanation of the reasons for that determination.

NRS 641.175Payment of child support: Submission of certain information by
applicant; grounds for denial of license or certificate; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. In addition to any other requirements
set forth in this chapter:

(a) An applicant for the issuance of a license or
certificate shall include the social security number of the applicant in the
application submitted to the Board.

(b) An applicant for the issuance or renewal of a
license or certificate shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of Health and
Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.

2. The Board shall include the statement
required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be
issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.

NRS 641.175Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or certificate; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license or certificate shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of Health and
Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.

2. The Board shall include the statement
required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be
issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.

(Added to NRS by 1997, 2152; A 2005, 2756, 2757, 2807; 2011, 94,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 641.180Examination of applicant for license as psychologist; waiver.

1. Except as otherwise provided in this
section and NRS 641.190, each applicant for a
license as a psychologist must pass the national examination. In addition to
the national examination, the Board may require an examination in whatever
applied or theoretical fields it deems appropriate.

2. The Board shall notify each applicant
of the results of the national examination and any other examination required
pursuant to subsection 1.

3. The Board may waive the requirement of
the national examination for a person who:

(a) Is licensed in another state;

(b) Has at least 10 years’ experience; and

(c) Is a diplomate in the American Board of
Professional Psychology or a fellow in the American Psychological Association,
or who has other equivalent status as determined by the Board.

NRS 641.190Licensing of psychologist licensed or certified in another
state.The Board may:

1. Grant a license as a psychologist
without any examination to any person certified or licensed by a board of
psychological examiners of another state if the Board determines that the
requirements in that state are at least equivalent to the requirements of this
chapter.

2. Authorize a psychologist licensed or
certified pursuant to the laws of another state to practice psychology for 1
year or less if the psychologist has:

(a) Made application to the Board for licensure;

(b) Met the requirements of education and
experience for licensure in this State; and

(c) Not been disciplined in another state in connection
with a license to practice psychology or has not committed any act in another
state which is a violation of this chapter.

NRS 641.230Grounds for disciplinary action.The
Board may suspend or revoke a person’s license as a psychologist, behavior
analyst or assistant behavior analyst or certificate as an autism behavior
interventionist, place the person on probation, require remediation for the
person or take any other action specified by regulation if the Board finds by substantial
evidence that the person has:

1. Been convicted of a felony relating to
the practice of psychology or the practice of applied behavior analysis.

2. Been convicted of any crime or offense
that reflects the inability of the person to practice psychology or applied
behavior analysis with due regard for the health and safety of others.

4. Engaged in gross malpractice or
repeated malpractice or gross negligence in the practice of psychology or the
practice of applied behavior analysis.

5. Aided or abetted the practice of
psychology by a person not licensed by the Board.

6. Made any fraudulent or untrue statement
to the Board.

7. Violated a regulation adopted by the
Board.

8. Had a license to practice psychology or
a license or certificate to practice applied behavior analysis suspended or
revoked or has had any other disciplinary action taken against the person by
another state or territory of the United States, the District of Columbia or a
foreign country, if at least one of the grounds for discipline is the same or
substantially equivalent to any ground contained in this chapter.

9. Failed to report to the Board within 30
days the revocation, suspension or surrender of, or any other disciplinary
action taken against, a license or certificate to practice psychology or
applied behavior analysis issued to the person by another state or territory of
the United States, the District of Columbia or a foreign country.

10. Violated or attempted to violate,
directly or indirectly, or assisted in or abetted the violation of or conspired
to violate a provision of this chapter.

11. Performed or attempted to perform any
professional service while impaired by alcohol, drugs or by a mental or
physical illness, disorder or disease.

12. Engaged in sexual activity with a
patient or client.

13. Been convicted of abuse or fraud in
connection with any state or federal program which provides medical assistance.

14. Been convicted of submitting a false
claim for payment to the insurer of a patient or client.

15. Operated a medical facility, as defined
in NRS 449.0151, at any time during
which:

(a) The license of the facility was suspended or
revoked; or

(b) An act or omission occurred which resulted in
the suspension or revocation of the license pursuant to NRS 449.160.

Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.

NRS 641.242Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license or certificate issued pursuant to this chapter, the Board
shall deem the license or certificate issued to that person to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the Board receives a letter issued to the holder of the license or
certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license or certificate has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.

2. The Board shall reinstate a license or
certificate issued pursuant to this chapter that has been suspended by a
district court pursuant to NRS 425.540
if the Board receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license or certificate was suspended stating that the person whose
license or certificate was suspended has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to NRS
425.560.

NRS 641.243Service of process; publication of notice.Except as otherwise provided in chapter 622A of NRS:

1. Service of process made under this
chapter must be either upon the person or by registered or certified mail with
return receipt requested, addressed to the psychologist at his or her last
known address, as indicated on the records of the Board, if possible. If
personal service cannot be made and if notice by mail is returned undelivered,
the Board shall cause notice of hearing to be published once a week for 4
consecutive weeks in a newspaper published in the county of the psychologist’s
last known address or, if no newspaper is published in that county, then in a
newspaper widely distributed in that county.

2. Proof of service of process or
publication of notice made under this chapter must be filed with the Board and
must be recorded in the minutes of the Board.

1. The Board, any member thereof, a panel
of its members or a hearing officer may issue subpoenas to compel the
attendance of witnesses and the production of books, papers, documents, the
records of patients, and any other article related to the practice of
psychology.

2. If any witness refuses to attend or
testify or produce any article as required by the subpoena, the Board may file
a petition with the district court stating that:

(a) Due notice has been given for the time and
place of attendance of the witness or the production of the required articles;

(b) The witness has been subpoenaed pursuant to
this section; and

(c) The witness has failed or refused to attend
or produce the articles required by the subpoena or has refused to answer
questions propounded to him or her,

Ê and asking
for an order of the court compelling the witness to attend and testify before
the Board, a panel of its members or a hearing officer, or produce the articles
as required by the subpoena.

3. Upon such a petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why the witness
has not attended or testified or produced the articles. A certified copy of the
order must be served upon the witness.

4. If it appears to the court that the
subpoena was regularly issued, the court shall enter an order that the witness
appear before the Board, a panel of its members or a hearing officer at the
time and place fixed in the order and testify or produce the required articles,
and upon failure to obey the order the witness must be dealt with as for contempt
of court.

1. The Board or any of its members, any
review panel of a hospital or an association of psychologists which becomes
aware that any one or combination of the grounds for initiating disciplinary
action may exist as to a person practicing psychology in this State shall, and
any other person who is so aware may, file a written complaint specifying the
relevant facts with the Board.

2. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.

NRS 641.270Review of complaint by Board; authority of Board to retain
Attorney General to investigate complaint.When
a complaint is filed with the Board, it shall review the complaint. If, from
the complaint or from other official records, it appears that the complaint is
not frivolous, the Board may:

1. Retain the Attorney General to
investigate the complaint; and

2. If the Board retains the Attorney
General, transmit the original complaint, along with further facts or
information derived from the review, to the Attorney General.

NRS 641.2705Investigation into unlicensed activity as psychologist; issuance
of order to cease and desist; issuance of citation; administrative fine; appeal
of citation.

1. The Board shall conduct an
investigation of each complaint filed pursuant to NRS
641.250 which sets forth reason to believe that a person has violated NRS 641.390.

2. If, after an investigation, the Board
determines that a person has violated NRS 641.390,
the Board:

(a) May issue and serve on the person an order to
cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper
license from the Board;

(b) May issue a citation to the person; and

(c) Shall provide a written summary of the
Board’s determination and any information relating to the violation to the
Attorney General.

3. A citation issued pursuant to
subsection 2 must be in writing and describe with particularity the nature of
the violation. The citation also must inform the person of the provisions of
subsection 5. Each violation of NRS 641.390
constitutes a separate offense for which a separate citation may be issued.

4. For any person who violates the
provisions of NRS 641.390, the Board shall assess
an administrative fine of:

(a) For a first violation, $500.

(b) For a second violation, $1,000.

(c) For a third or subsequent violation, $1,500.

5. To appeal a citation issued pursuant to
subsection 2, a person must submit a written request for a hearing to the Board
within 30 days after the date of issuance of the citation.

NRS 641.271Investigation of complaint by Attorney General upon retention by
Board; recommendation to Board; action by Board; authority of Attorney General
to charge Board for services.

1. If the Board retains the Attorney
General pursuant to NRS 641.270, the Attorney
General shall conduct an investigation of a complaint transmitted to the
Attorney General to determine whether it warrants proceedings for the modification,
suspension or revocation of the license. If the Attorney General determines
that further proceedings are warranted, he or she shall report the results of
the investigation together with a recommendation to the Board in a manner which
does not violate the right of the person charged in the complaint to due
process in any later hearing on the complaint.

2. The Board shall promptly make a
determination with respect to each complaint reported to it by the Attorney
General. The Board shall:

(a) Dismiss the complaint; or

(b) Proceed with appropriate disciplinary action.

3. If the Board retains the Attorney
General pursuant to NRS 641.270, the Attorney
General may, in accordance with the provisions of NRS 228.113, charge the Board for all
services relating to the investigation of a complaint pursuant to subsection 1.

NRS 641.272Mental or physical examination of psychologist required by
Board; consent to examination; confidentiality of reports; immediate suspension
for failure to submit to examination.

1. Notwithstanding the provisions of chapter 622A of NRS, the Board may require the
person named in a complaint to submit to a mental examination conducted by a
panel of three psychologists designated by the Board or a physical examination
conducted by a physician designated by the Board.

2. Every psychologist licensed under this
chapter who accepts the privilege of practicing psychology in this State shall
be deemed to have given consent to submit to a mental or physical examination
when directed to do so in writing by the Board. The testimony or reports of the
examining psychologists or physician are privileged communications, except as
to proceedings conducted pursuant to this chapter.

3. Except in extraordinary circumstances,
as determined by the Board, the failure of a psychologist to submit to an
examination as provided in this section constitutes grounds for the immediate
suspension of the psychologist’s license.

NRS 641.273Examination regarding competency to practice psychology.Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason
to believe that the conduct of any psychologist has raised a reasonable
question as to competence to practice psychology with reasonable skill and
safety to patients, the Board may require the psychologist to take a written or
oral examination to determine whether the psychologist is competent to practice
psychology. If an examination is required, the reasons therefor must be
documented and made available to the psychologist being examined.

NRS 641.274Time limited after suspension of license of psychologist pending
disciplinary proceedings.Notwithstanding
the provisions of chapter 622A of NRS, if
the Board, a panel of its members or a hearing officer issues an order
suspending the license of a psychologist pending proceedings for disciplinary
action and requires the psychologist to submit to a mental or physical
examination or an examination of his or her competency to practice psychology,
the examination must be conducted and the results obtained within 60 days after
the Board, panel of its members or hearing officer issues the order.

NRS 641.276Commencement of disciplinary proceedings required for certain
violations of Industrial Insurance Act.Notwithstanding
the provisions of chapter 622A of NRS, if
the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding
regarding the report must be commenced within 30 days after the Board receives
the report.

NRS 641.285Proof of actual injury; evidence of conviction or revocation of
license to practice psychology; plea of nolo contendere.Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary
proceeding before the Board, a panel of its members or a hearing officer:

1. Proof of actual injury need not be
established where the complaint charges deceptive or unethical professional
conduct or practice of psychology harmful to the public.

2. A certified copy of the record of a
court or a licensing agency showing a conviction or the suspension or revocation
of a license to practice psychology is conclusive evidence of its occurrence.

3. The entering of a plea of nolo
contendere in a court of competent jurisdiction shall be deemed a conviction of
the offense charged.

1. Any person who has been placed on
probation or whose license has been limited, suspended or revoked is entitled
to judicial review of the order.

2. Every order which limits the practice
of psychology or suspends or revokes a license is effective from the date the
Board certifies the order until the date the order is modified or reversed by a
final judgment of the court.

3. The district court shall give a
petition for judicial review of the order priority over other civil matters
which are not expressly given priority by law.

NRS 641.314Temporary restraining order or preliminary injunction against
psychologist pending disciplinary proceedings.Notwithstanding
the provisions of chapter 622A of NRS:

1. Pending disciplinary proceedings before
the Board, a panel of its members or a hearing officer, the court may, upon
application by the Board or the Attorney General, issue a temporary restraining
order or a preliminary injunction to enjoin any unprofessional conduct of a
psychologist which is harmful to the public, to limit the psychologist’s
practice or to suspend the license to practice psychology, without proof of
actual damage sustained by any person, this provision being a preventive as
well as a punitive measure.

2. The disciplinary proceedings before the
Board, a panel of its members or a hearing officer must be instituted and
determined as promptly as the requirements for investigation of the case
reasonably allow.

1. The Board through its President or
Secretary-Treasurer or the Attorney General may maintain in any court of
competent jurisdiction a suit for an injunction against any person practicing
psychology without a license.

2. Such an injunction:

(a) May be issued without proof of actual damage
sustained by any person, this provision being a preventive as well as a
punitive measure.

(b) Does not relieve any person from criminal
prosecution for practicing without a license.

NRS 641.318Immunity of certain persons from civil liability.In addition to any other immunity provided by
the provisions of chapter 622A of NRS, the
Board, a review panel of a hospital, an association of psychologists or any
other person who or organization which initiates a complaint or assists in any
lawful investigation or proceeding concerning the licensing of a psychologist
or the discipline of a psychologist for gross malpractice, repeated
malpractice, professional incompetence or unprofessional conduct is immune from
any civil action for that initiation or assistance or any consequential
damages, if the person or organization acted without malicious intent.

Ê by an order
of the Board, a panel of its members or a hearing officer may apply to the
Board after 1 year for removal of the limitation or termination of the
probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the
revoked license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental
or physical examination conducted by psychologists or by physicians whom it
designates and submit such other evidence of changed conditions and of fitness
as it considers proper.

(b) Shall determine whether under all the
circumstances the time of the application is reasonable.

(c) May deny the application or modify or rescind
its order as it considers the evidence and the public safety warrants.

NRS 641.350Automatic suspension of psychologist’s license for failure to
pay biennial fee for renewal of license; reinstatement; notice of suspension.

1. The license of any person who fails to
pay the biennial fee for the renewal of a license within 60 days after the date
when it is due is automatically suspended. The Board may, within 2 years after
the date the license is so suspended, reinstate the license upon payment to the
Board of the amount of the then current biennial fee for the renewal of a
license and the amount of the fee for the restoration of a license so
suspended. If the license is not reinstated within 2 years, the Board may
reinstate the license only if it also determines that the holder of the license
is competent to practice psychology.

2. A notice must be sent to any person who
fails to pay the biennial fee, informing the person that the license is
suspended.

1. The Board shall charge and collect not
more than the following fees respectively:

For the national
examination, in addition to the actual cost to the Board of the examination $100

For any other
examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board
of the examination........................................................ 100

For the issuance of
an initial license or certificate.............................................
25

For the biennial
renewal of a license of a psychologist................................... 500

For the biennial
renewal of a license of a licensed behavior analyst............ 400

For the biennial
renewal of a license of a licensed assistant behavior analyst 275

For the biennial
renewal of a certificate of a certified autism behavior interventionist 175

For the restoration
of a license suspended for the nonpayment of the biennial fee for the renewal
of a license 100

For the registration
of a firm, partnership or corporation which engages in or offers to engage in
the practice of psychology............................................................................................................................. 300

For the registration
of a nonresident to practice as a consultant................... 100

2. An applicant who passes the national
examination and any other examination required pursuant to the provisions of
subsection 1 of NRS 641.180 and who is eligible for
a license as a psychologist shall pay the biennial fee for the renewal of a license,
which must be prorated for the period from the date the license is issued to
the end of the biennium.

3. An applicant who passes the examination
and is eligible for a license as a behavior analyst or assistant behavior
analyst or a certificate as a autism behavior interventionist shall pay the
biennial fee for the renewal of a license or certificate, which must be
prorated for the period from the date the license or certificate is issued to
the end of the biennium.

4. In addition to the fees set forth in
subsection 1, the Board may charge and collect a fee for the expedited
processing of a request or for any other incidental service it provides. The
fee must not exceed the cost to provide the service.

NRS 641.380Deposit and expenditure of money.All
money coming into possession of the Board must be kept or deposited by the
Secretary-Treasurer in banks, credit unions or savings and loan associations in
the State of Nevada to be expended for payment of compensation and expenses of
board members and for other necessary or proper purposes in the administration
of this chapter.

NRS 641.390Representation or practice as psychologist without license prohibited;
exceptions.

1. A person shall not represent himself or
herself as a psychologist within the meaning of this chapter or engage in the
practice of psychology unless he or she is licensed under the provisions of
this chapter, except that any psychological scientist employed by an accredited
educational institution or public agency which has set explicit standards may
represent himself or herself by the title conferred upon him or her by such
institution or agency.

2. This section does not grant approval
for any person to offer services as a psychologist to any other person as a
consultant, and to accept remuneration for such psychological services, other
than that of an institutional salary, unless the psychologist has been licensed
under the provisions of this chapter.

3. This chapter does not prevent the
teaching of psychology or psychological research, unless the teaching or
research involves the delivery or supervision of direct psychological services
to a person. Persons who have earned a doctoral degree in psychology from an
accredited educational institution may use the title “psychologist” in
conjunction with the activities permitted by this subsection.

4. A graduate student in psychology whose
activities are part of the course of study for a graduate degree in psychology
at an accredited educational institution or a person pursuing postdoctoral
training or experience in psychology to fulfill the requirements for licensure
under the provisions of this chapter may use the terms “psychological trainee,”
“psychological intern,” “psychological resident” or “psychological assistant”
if the activities are performed under the supervision of a licensed
psychologist in accordance with the regulations adopted by the Board.

5. A person who is certified as a school
psychologist by the State Board of Education may use the title “school
psychologist” or “certified school psychologist” in connection with activities
relating to school psychologists.

NRS 641.410Practice by nonresident psychologist as consultant.A psychologist, not a resident of Nevada and
not licensed in Nevada, who is certified or licensed in another state whose
requirements for certification or licensure are equivalent to the requirements
of this chapter is not subject to the provisions of this chapter if the
psychologist does not practice psychology in the State of Nevada for over 30
days in any 1 calendar year, and if the psychologist is invited as a consultant
by a psychologist licensed in Nevada.

1. Presents as his or her own the diploma,
license or credentials of another;

2. Gives either false or forged evidence
of any kind to the Board or any member thereof, in connection with an
application for a license;

3. Practices psychology under a false or
assumed name or falsely personates another psychologist of a like or different
name;

4. Except as provided in NRS 641.390, 641.410 and 641A.410, represents himself or herself
as a psychologist, or uses any title or description which incorporates the word
“psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,”
“psychometrist” or any other term indicating or implying that he or she is a
psychologist, unless he or she has been issued a license; or